[No. 4-061.] (Sec. 2262, R. S.) AFFIDAVIT REQUIRED OF PREEMPTION CLAIMANT. I, claiming the right of preemption under section 2259 of the Revised Statutes of the United States, to the of section No. of tow hip No., of range No. -, subject to sale at do solemnly that I have never had the benefit of any right of preemption under said section; that I am not the owner of 320 acres of land in any State or Territory of the United States, nor have I settled upon and improved said land to sell the same on speculation, but in good faith to appropriate it to my own exclusive use or benefit; and that I have not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whomsoever, by which the title which I may acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person except myself. being called as a witness in support of the preemption claim of to the testifies as follows: Q. 1. What is your post-office address?-A. age?-A. family (if any) consist? -; 2d,· ; 3d, Q. 2. How long have you known claimant, and what is Q. 3. Is claimant married or single? 2d. Of whom does 3d. Is a native or naturalized citizen?-A. 1st, Q. 4. Are you familiar with the character of the land? (State specifically the character of this land-whether it is timber, prairie, grazing, or farming.) 2d. Are there any indications of coal, mineral, or salines thereon? If so, state plainly the nature.) 3d. Is it more valuable for agricultural than mining purposes? 4th. Do you reside in its vicinity? 5th. Is it within the limits of an incorporated town or selected town site, or used in any way for purposes of trade or business? (Answer to the point and in detail.)-A. 1st, -; 2d, -; 3d,. -; 4th, -; 5th, Q. 5. Is claimant the owner of 320 acres in this or any other State or Territory? 2d. Did leave or abandon a residence on reside on the land herein described? 3d. Has the preemption law? 4th. Has ; 2d, own land in this to ever filed for other land under mortgaged or agreed to sell the land herein ; 4th, described?-A. 1st, claim? 2d. What was -; 2d, on the land? 4th. What resiresidence been continuous? 7th. What use has broken and cultivated? -; 3d, commence -; 4th, acres. made of the land? 8th. How much land has (Answer to the point and in detail.)-A. 1st, ; 6th, ; 7th, ; 8th, ; 5th, Q. 7. Are you in any way interested in this claim, or by blood or marriage related to claimant?-A. (Sign plainly with full Christian name.) I hereby certify that the foregoing testimony was read to the witness before being subscribed, and was sworn to before me this Q. 1. What is your name (be careful to give it in full, correctly spelled, in order that it may be here written exactly as you wish it written in the patent which you desire to obtain) and age?-A. Q. 2. Are you the head of a family (if so, of whom does it consist) or a single person?-A. 3073- -18 Q. 3. Are you a native-born citizen of the United States? If so, in what State or Territory were you born? '—A. Q. 4. Is your preemption claim, above described, within the limits of an incorporated town or selected site of a city or town, or used in any way for trade and business? 2d. Did you leave other land of your own to reside on your present claim? 3d. Have you ever made a preemption filing for land other than you now seek to enter? If so, describe the same. 4th. State specifically the character of this land-whether it is timber, prairie, grazing, farming, coal, or mineral land. (Answer to the point and in detail.)—A. 1st, ; 3d, ; 2d, -; 4th, Q. 5. When did you first make settlement on the above-described land? 2d. What was your first act of settlement? 3d. Were there any improvements on the land when you settled? If so, state who then owned them, and whether you purchased the same. 4th. What improvements have you made on the land since settlement, and what is the value of same?-A. 1st, -; 2d, -; 3d, —; 4th, Q. 6. When did you first establish an actual residence on the land you now seek to enter? 2d. Has your residence thereon since been continuous? 3d. What use have you made of the land? 4th. How much of the land, if any, have you broken and cultivated since settlement, and what kind and quantity of crops have you raised? 5th. Have you any personal property of any kind elsewhere than on this claim? If so, describe the same, and state where the same is kept.-A. 1st, 3d, -; 4th, ; 5th, -; 2d, Q. 7. Are either of the parties who have testified as your witnesses in this case related to you by blood or marriage? If so, state how related.-A. Q. 8. Describe by legal subdivisions, or by number, kind of entry and office where made, any other entry or filing (not mineral) made by you since August 30, 1890.— A. (Sign plainly with full christian name.) I hereby certify that each question and answer in the foregoing testimony was read to claimant before being subscribed, and was sworn to before me this day of 189-, at my office in County, NOTE.-The officer before whom the testimony is taken should call the attention of the witness to the following section of the Revised Statutes, and state to him that it is the purpose of the Govern ment, if it be ascertained that he testifies falsely, to prosecute him to the full extent of the law: TITLE LXX.-CRIMES.-CHAPTER 4. SEC. 5392. Every person who, having taken oath before a competent tribunal, officer. or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is true, willfully, and contrary to such oath, states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by a fine of not more than two thousand dollars, and by imprisonment at hard labor not more than five years, and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. (See § 1750.) I, LAND OFFICE AT 189-. register of the land office, do hereby certify that the above application is for surveyed lands of the class which the applicant is legally entitled to enter under section 2289, Revised Statutes of the United States, and that there is no prior valid adverse right to the same. Register. In case the party is of foreign birth, a certified transcript from the court records of his declaration of intention to become a citizen, or of his naturalization, or a copy thereof, certified by the officer taking this proof, must be filed with the case. 2 If residence is in city, street and number must be given. [4-063.] HOMESTEAD AFFIDAVIT. U. S. LAND OFFICE AT 189-. I, of, having filed my application No. for an entry under section 2289, Revised Statutes of the United States, do solemnly swear that I am not the proprietor of more than one hundred and sixty acres of land in any State or Territory; that I am1 ; that my said application is honestly and in good faith made for the purpose of actual settlement and cultivation, and not for the benefit of any other person, persons, or corporation, and that I will faithfully and honestly endeavor to comply with all the requirements of law as to settlement, residence, and cultivation necessary to acquire title to the land applied for; that 1 am not acting as agent of any person, corporation, or syndicate in making such entry, nor in collusion with any person, corporation, or syndicate to give them the benefit of the land entered, or any part thereof, or the timber thereon; that I do not apply to enter the same for the purpose of speculation, but in good faith to obtain a home for myself, and that I have not directly or indirectly made, and will not make, any agreement or contract in any way or manner, with any person or persons, corporation or syndicate whatsoever, by which the title which I might acquire from the Government of the United States should inure in whole or in part to the benefit of any person except myself; and further, that since August 30, 1890, I have not entered under the land laws of the United States, or filed upon, a quantity of land, agricultural in character, and not mineral, which, with the tracts now applied for, would make more than three hundred and twenty acres, except and that I have not heretofore made any entry under the homestead laws except (Sign plainly with full christian name.) the sum of dollars cents, being the amount of section under section No. 2290, Revised Statutes of the of fee and compensation of register and receiver for the entry of Received of in township United States. of range NOTE. It is required of the homestead settler that he shall reside upon and cultivate the land embraced in his homestead entry for a period of five years from the time of filing the affidavit, being also the date of entry. An abandonment of the land for more than six months works a forfeiture of the claim. Further, within two years from the expiration of the said five years he must file proof of his actual settlement and cultivation, failing to do which, his entry will be canceled. If the settler does not wish to remain five years on his tract, he can, at any time after fourteen months, pay for it with cash or land warrants, upon making proof of settlement and cultivation from date of filing affidavit to the time of payment. [Marginal notes in red ink.] See note in red ink, which registers and receivers will read and explain thoroughly to persons making application for lands where the affidavit is made before either of them. Timber land embraced in a homestead, or other entry not consummated, may be cleared in order to cultivate the land and improve the premises, but for no other purpose. If, after clearing the land for cultivation, there remains more timber than is required for improvement, there is no objection to the settler disposing of the same. But the question whether the land is being cleared of its timber for legitimate purposes is a question of fact, which is liable to be raised at any time. If the timber is cut and removed for any other purpose, it will subject the entry to cancellation, and the person who cut it will be liable to civil suit for recovery of the value of said timber, and also to criminal prosecution under section 2461 of the Revised Statutes. 1 Here insert statement that affiant is a citizen of the United States, or that he has filed his declaration of intention to become such, and that he is the head of a family, or is over twenty-one years of age, as the case may be. It should be stated whether applicant is native born or not, and if not, a certified copy of his certificate of natur alization, or declaration of intention, as the case may be, must be furnished. (See page 45, circular of January 1, 1889.) [4-102 c.] [To be used in cases of commuted homestead entries in Oklahoma Territory.] AFFIDAVIT REQUIRED OF CLAIMANT. I, [Section 21 of act of May 2, 1890.] who on per cash entry No. commuted, under section 21 of the act of May 2, 1890 (Statutes, first session Fifty-first Congress, p. 81), my homestead entry No. made upon the section -, township , range do solemnly swear that no part of said lands was, at date of purchase, occu pied, required, or intended for town-site purposes, and that said entry, in whole or in part, was not made for the benefit of any other person, persons, or corporation, nor in collusion with any person, corporation, or syndicate to give them the benefit of the land entered, or any part thereof, for town-site or other purposes; that I had not then directly or indirectly made, nor was it my intention to make, any agreement or contract in any way or manner with ar person or persons, corporation, or syndicate whatsoever, except as provided in section 2288 of the Revised Statutes, by which the title which I might acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person except myself. Subscribed and sworn to before me this day of [4-102.] AFFIDAVIT. 189-. LAND OFFICE AT I, 189-. of, applying to enter (or file for) a homestead, do solemnly swear that I did not enter upon and occupy any portion of the lands described and declared open to entry in the President's proclamation dated March 23, 1889, prior to 12 o'clock, noon, of April 22, 1889. NOTE.-This affidavit must be made before the register or receiver of the proper district land office, or before some officer authorized to administer oaths and using a seal. who made homestead application No. for the do hereby give notice of my intention to make final proof to establish my claim to the land above described, and that I expect to prove my residence and cultivation before 189-, by two of the following LAND OFFICE AT 189-. Notice of the above application will be published in the printed at which I hereby designate as the newspaper published nearest the land described in said application. Register. NOTICE TO CLAIMANT.-Give time and place of proving up and name the title of the officer before whom proof is to be made; also give names and post-office address of four neighbors, two of whom must appear as your witnesses. [4-347.] NOTICE FOR PUBLICATION. LAND OFFICE AT 189 Notice is hereby given that the following-named settler has filed notice of his intention to make final proof in support of his claim, and that said proof will be 189-, viz: at on for the made before He names the following witnesses to prove his continuous residence upon and cultivation of said land, viz: of of of of NOTE.-This notice must also be posted in a conspicuous place in the land office for a period of thirty days prior to the date of final proof. HOMESTEAD CONSOLIDATED NOTICE FOR PUBLICATION. LAND OFFICE AT 18-. Notice is hereby given that the following-named settlers have filed notice of intention to make final proof on their respective claims before I, register, do hereby certify that a notice, a printed copy of which is hereto attached, was by me posted in a conspicuous place in my office for a period of thirty days, I having first posted said notice on the |